**Document:** Planning Refusal Notice 09/00862/A
**Application:** 09/00862/A — Approval in principle to develop site to create a gift shop / tea rooms and off road parking
**Decision:** Refused
**Decision Date:** 2009-12-11
**Parish:** Malew
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/63239-santon-fairy-bridge-ballaglonney/documents/1378643

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# Planning Refusal Notice 09/00862/A

## Town and Country Planning Act 1999

### Town and Country (Development Procedure) Order 2005

Ms Sonya Bowness
Fairy Bridge Cottage
Ballaglonney
Santon
Isle of Man
IM4 1ET
In pursuance of powers granted under the above Act and Order the PLANNING COMMITTEE of the Department of Local Government and the Environment does hereby REFUSE the following application made on behalf of:

Name:
Proposal:
at:

Ms Sonya Bowness
Approval in principle to develop site to create a gift shop / tea rooms and off road parking
Fairy Bridge
Ballaglonney
Santon
Isle of Man
IM4 1ET
which was considered on 10th December 2009, for the reasons set out below.
Date of Issue: 11th December 2009
Murray House
Mount Havelock
Douglas

Mrs P Faragher
Deputy Secretary to the
Planning Committee

### Reason(S) For Refusal:

1. The site is not designated for development and the proposal does not represent a form of development for which an exception should be made under the provisions of General Policy 3 or Business Policy 11. Furthermore, whilst the development is proposed in order to interpret the Fairy Bridge, which is a well known local landmark, the historical accuracy or significance of this feature is not well established and as such, this would not represent sufficient justification for setting aside the general policy against development in this area.
2. Notwithstanding reason 1 above, the application is deficient in information which is essential for the proper evaluation of the full impact of the proposed development in terms of an accurate tree survey and a clear indication of which trees would need to be removed in order to provide a safe access into and from the site.

3. Further to 2 above, it has not been demonstrated that a safe access into and from the site is physically possible bearing in mind the length of the site (approximately 80m) and the likely visibility splay requirements - 4.5m by 160m in each direction. In addition, a Transport Statement is required to demonstrate how vehicles, including coaches could enter and leave the site and park and manoeuvre within the site to the satisfaction of the Department of Transport.

4. In addition and not withstanding reason 1 above, there is no information on the extent or scale of hard surfacing and buildings which would be required and as such it is not possible to fully assess the visual impact of such development or the impact of this on the ecology of the site and the adjoining Santon Burn and its habitat, contrary to Environment Policies 4 (in respect of the habitat for frogs which are protected under the Wildlife Act Schedule 7), 7 and 22. There is no information on the potential flood risk both of the site as it stands and following the proposed development, contrary to Environment Policy 10 and potentially Environment Policy 13.

This decision was made by the Planning Committee constituted in accordance with Article 3(1) of the Town and Country Planning (Development Procedure) Order 2005.

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**Guidance Note**

The decision contained in this notice does not become final until either:

- The time for requesting an appeal has expired; or
- Any appeal has been determined;

Whichever is the later.

Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

A form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/dlge/planning/plan/applications/decision.xml

A copy of the Officer's report, which led to this decision, is attached for reference. This report, together with correspondence relative to the application, is available for inspection by anyone wishing to view it at the Department.

09/00862/A

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/63239-santon-fairy-bridge-ballaglonney/documents/1378643*